Legislation phases out substances of concern

Children's health and safety advocates say recent legislation passed by Congress shows that a child's safety is nothing to play around with.

The Consumer Product Safety Commission Reform Act, passed last Thursday, permanently bans three types of phthalates from toys and certain child care articles; temporarily bans three other types of phthalates, pending scientific review; and provides for a decrease in the allowable levels of lead in toys over a three-year period.

"This new federal legislation is an example of the precautionary principle in action, and is one of the first acts of Congress toward phasing out substances of concern while lingering questions are resolved by scientists and medical professionals," said Annamarie Beaulieu, campaign director for the Connecticut Public Health Association. "Taking a precautionary approach to protecting children's health is prevention at its core and is a very significant step toward comprehensive chemical policy reform."

The legislation also calls for the creation of a chronic hazard advisory panel to study the effects of all phthalates used in children's toys and child care articles, substitutes and alternative plasticizers.

Within 18 months after its appointment, CHAP is required to generate a report that includes an examination of the health effects of the phthalates individually or in combination; the likely level of children, pregnant women's and others exposure to phthalates; cumulative effect of total exposure to phthalates from children's products and other sources; and the latest and best available science; health effects of phthalates not only from ingestion but also as a result of dermal hand-to-mouth or other exposure.

According to the legislation, CHAP must also consider the level at which there is a reasonable certainty of no harm to children, pregnant women and other susceptible individuals using sufficient safety factors to account for uncertainties regarding exposure and susceptibility of children, pregnant women and others; common substitutes; and alternative plasticizers.

Advocates for the legislation said that Connecticut played a key role in this victory because it was one of the first states to phase out lead and asbestos in children's products, and legislation to phase out phthalates moved through the state legislature's committee process, even though it was not officially passed.

Over a dozen states introduced toxic toys bills over the past year, leading to new laws in Connecticut, California, Illinois, Maine Vermont and Washington.

"Congress heard the voices from Connecticut and other states across the nation clearly stating that we do not want toxic chemicals in children's toys," said Sarah Uhl of Clean Water Action and a Safe & Healthy Connecticut.

State Sen. Bob Duff, D-25, was very active in moving the legislation along on the state level.

"Those of us on the state level are very pleased that Congress has moved on this legislation because it's extremely import to our children and the overall health of our nation," Duff said. "Toxicity in our toys and all of our products we use everyday is becoming an issue that many people are concerned about. This legislation will really bring that to the forefront. Connecticut has been very invested in this issue when the federal government wasn't acting, but it's always better to have a national policy than policies done state-by-state."

Uhl said the legislation put consumers in a battle against deep-pocketed chemical companies, but that the people ultimately won.

"Led by Exxon Mobil, the chemical industry spent millions of dollars trying to defeat this bill's phthalates bans, but the people triumphed. Consumer awareness is at an all-time high, and their engagement made the difference in this campaign."